General Terms And Conditions
§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of the company HMM Diagnostics GmbH Maher Khoury, Schulze-Delitzsch-Str. 16, 68542 Heddesheim (hereinafter "Seller"), regarding the online shop www.shop.smartLAB.org and all associated subdomains of the domain. Differing rules of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The seller provides the customer in the online shop www.shop.smartLAB.org of new and used goods for sale.
§ 2 Conclusion
(1) The contract is concluded by an acknowledgment of receipt from the seller. The customer submitted previously by the insertion of the selected goods in the basket and clicking on the "order to pay it" "order button" an offer to the seller, which checks this.
(2) The customer also has the option, online, or by phone, or to inquire via email, fax or letter with the seller for a particular item. Upon receipt of such request, the Seller shall submit to the customer an offer by e-mail, letter or fax. A contract is only when the customer accepts this offer.
(3) The contract will be filed. The customer receives the contract text email.
§ 3 Prices, shipping costs, payment, late fees
(1) When ordering via the online shop prices seen there apply. All prices are final.
(2) Any additional delivery and shipping costs are separately disclosed in the relevant product description in the offer. Upon delivery by freight carrier, we calculate the shipping costs according to our valid delivery table.
(3) The supply of the customer by the vendor are provided according to the requests of the customer against the following payment methods: Payment by bank transfer, payment through Paypal, Payment by instant bank transfer, direct debit, Amazon Payments.
(4) If the customer chooses to pay in advance by bank transfer, payment is due 10 calendar days after the contract due. If delivery is on account of the payment no later than 10 calendar days after the invoice is due.
(5) If a customer with payments in arrears, the seller may claim damages under the statutory provisions and / or withdraw from the contract.
(6) The seller always provides the customer with an invoice, which will be handed to him upon delivery of the goods or are in text form or via e-mail.
§ 4 Delivery, transfer of risk
(1) The goods ordered, unless contractually otherwise agreed, are delivered to the address specified by the customer. Delivery will be made by the seller's warehouse.
(2) The seller reserves the right to make a partial delivery, if this is advantageous for a speedy settlement and the partial delivery for the customer is not unreasonable, exceptionally. By partial shipments incurred additional costs to the customer will not be billed.
(3) The seller reserves the right to break away from the obligation to fulfill the contract, if the goods are to be delivered by a supplier to the date of delivery and the delivery will be omitted entirely or partially. This self-supply reservation applies only if the seller is not responsible for the lack of delivery. The seller is not responsible for the failure of performance, if completed on time with the supplier a so-called congruent covering transaction was completed to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and reimburse an already paid purchase price and shipping costs.
(4) The risk of accidental loss and accidental deterioration passes on the customer with the handing over to the customer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods and the risk of delay is already passed on upon delivery of the goods to the shipper, the carrier or otherwise to execute the dispatch specific person.
(5) We also supply the following countries: Germany - Delivery time: 1-2 business days; Austria - Delivery time: 3-4 days; BeNeLux - Delivery time: 3-4 days; EU - Delivery time: 4-6 working days; Europe - Delivery time: 4-6 business days; Worldwide - Delivery time: 10-15 working days.
§ 5 Withdrawal
Customers who are consumers as defined in § 13 BGB, are entitled to a statutory right of withdrawal. Information can be found in the revocation.
§ 6 Retention of title
The delivered goods stay in the property of the seller until all claims arising from the contract are fullfilled. In the event that the customer is a legal entity under public law, a public special estate or an entrepreneur exercising his commercial or independent professional activity, are even beyond the current business relationship until all claims in the vendor relationship entitled to the contract.
§ 7 Warranty
If defects are present, the customer is entitled to the following provisions in accordance to the statutory warranty rights. Are only merchants involved in the contract, so apply additionally apply §§ 377 ff. HGB.
§ 8 Liability
Outside of liability for material defects and defects of rights the seller is fully liable if the damage is caused by intent or gross negligence. He is also liable for the negligent breach of essential duties (duties, which endangers the purpose of the contract) and for the violation of cardinal obligations (obligations of the fulfillment of which allows the execution of the contract and in which the customer trausts regularly) but only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than the aforementioned obligations.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany. Mandatory rules of the country in which you have your habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) In future disputes between consumers and merchants in connection of online sales contracts or online service contracts should be settled via a provided online plattform by the European Commission. The platform has not yet been reached, this should be done with the present state to 15.02.2016. Accessible the ODR platform will be at the following link: http://ec.europa.eu/consumers/odr